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(영문) 서울중앙지방법원 2014.10.02 2014노2839
일반교통방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too unhued and unreasonable.

2. Although there are unfavorable circumstances, such as the defendant having three times criminal records in determining the grounds for appeal, considering the following favorable circumstances, the prosecutor’s assertion is not acceptable on the ground that the sentence imposed by the court below is too unjustifiable and unreasonable.

The Defendant appears to be merely a simple participant. It appears that the Defendant is against the Defendant’s view of committing an offense. The passage of time is not long and the demonstration takes violent aspects. The punishment determined by the lower court appears to have taken into account all favorable circumstances and unfavorable circumstances for the Defendant, and there is no special change or change in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment. 3. The Prosecutor’s appeal for conclusion is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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